BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

Ukraine International Airlines

)

)

)

)

)

for a foreign air carrier permit pursuant )

to 49 U.S.C. S 41302 and an exemption )

pursuant to 49 U.S.C. S 40109(c) )

----------------)

Docket OST 2013- _

APPLlCA TlON OF UKRAINE INTERNATIONAL AIRLINES

FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION

Communications with respect to this document should be sent to:

YURI MIROSHNIKOV

President, CEO

YEVGEN TRESKUNOV

Executive VP, Strategy and Development

UKRAINE INTERNATIONAL AIRLINES

201-203 Kharkivske Shosse

Kyiv, Ukraine 02121

GLENN P. WICKS

EKATERINA A. GRIMES

THE WICKS GROUP, PLLC

1215 17"h Street NW

Sumner Annex, Fourth Floor

Washington, DC 20036

(202) 457-7790

gpwickslalwicks-group.com

ekagri mes[aJ,wicks-group. com

For: UKRAINE INTERNA T10NAL AIRLINES

Dated: October 3, 2013

NOTICE: Any person who wishes to support or oppose this application must file an answer

within 21 calendar days thereof, or by October 24,2013, and serve that answer on Ukraine

International Airlines and on all persons served with this application.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

Ukraine International Airlines

)

)

)

)

)

for a foreign air carrier permit pursuant )

to 49 U.S.C. 11 41302 and an exemption )

pursuant to 49 U.S.C. 11 40109(c) )

------------).

Docket OST 2013- _

APPLICATION OF UKRAINE INTERNATIONAL AIRLINES

FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION

Pursuant to 49 U.S.C. 11 41302, (representing the recodified version of Section

4021/ ofthe Federal Aviation Act of 1958 ("Act"), as amended), 49 U.S.c. 11 40 I09(c)

(representing the recodified version of Section 416 2/ of the Act), Part 211 of the

Department of Transportation's ("Department") Economic Regulations, and Subpart B of the

Department's Rules of Practice, Private Stock Company "Ukraine International Airlines"

(hereinafter "Ukraine International Airlines" or "UIA") hereby applies for a foreign air

carrier permit to engage in scheduled air transportation of passengers, property and mail

between any point or points in Ukraine, via intermediate points, and any point or points in

the United States, and beyond; and on-demand charter air transportation of passengers,

property and mail between any point or points in Ukraine and any point or points in the

United States, as well as any point or points in the United States and any point or points in a

third country or countries subject to pertinent national, bilateral and international rules and

11 Public Law 103-272, enacted July 5, 1994, revised and recodified the Act within Subtitle VII of Title 49,

United States Code (Transportation). The provisions of section 402 of the Act are now contained in 49 U.s.c.

9 41302. Under the recodification, the terms of section 402 were not substantively changed.

7,/ Public Law 103-272, enacted July 5, 1994, revised and recodified the Act within Subtitle VI! of Title 49,

United States Code (Transportation). The provisions of section 416 of the Act are now contained in 49 U.s.C.

9 40 I09(c). Under the recodification, the terms of section 416 were not substantively changed.

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regulations. Ukraine International Airlines intends to start operating the requested services

as soon as the Department permits them, but no later than for the spring season 01'2014.

Ukraine International Airlines intends to operate primarily its Boeing 767-300 equipment, as

well as any other aircraft that are currently in its fleet or as it may later acquire, in

conjunction with its contemplated scheduled and charter services to the United States.

Ukraine International Airlines respectfully requests that this application be

decided on the basis of written submissions pursuant to 14 C.F.R. S 302.207, and that the

Department grant this application by proceeding directly to a final order as set forth in 14

C.F.R. S 302.21 0(a)(2).

Ukraine International Airlines hereby invokes the Department's August 23,

2005 Notice in Docket OST-2005-22228 (the "Streamlined Licensing Procedures Notice")

and requests that its instant application for a foreign carrier permit and an exemption be

processed and acted on by the Department pursuant to the Streamlined Licensing Procedures

set forth by the referenced Notice.

In support of this permit and exemption application, Ukraine International

Airlines submits as follows:

1. .The full name and address of Ukraine International Airlines is:

Private Stock Company "Ukraine International Airlines"

Mailing Address: 201-203 Kharkivske Shosse, Kyiv, 02121 Ukraine

Registered Address: 4 Lysenko Str., Kyiv, 01034 Ukraine

2. The air transport authorities of Ukraine having regulatory jurisdiction over

Ukraine International Airlines' air transport operations are:

The State Aviation Administration of Ukraine

14 Peremogy Avenue, 01135 Kyiv, Ukraine

3. ' Ukraine International Airlines is a private stock company initially

founded and registered as a legal entity on October 29, 1992 under the applicable laws of

Ukraine, under the name of Air Ukraine International. In 1996 the company was renamed as

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Closed Joint Stock Company Ukraine International Airlines. Tn20 I0 it was further reregistered as Private Stock Company "Ukraine International Airlines," and has been

operating as such since that time (Legal Entity ID No. 14348681, Registration Certificate

N2 727014, as amended on November 8, 2010). 100% of Ukraine International Airlines'

stock is currently held privately, as is shown in Exhibit UTA-4 hereto.

UIA began its operations with two Boeing 737-400 aircraft and performed its

first commercial flight from Kyiv to London on November 25, 1992. UIA currently

operates thirty one (31) Boeing 737 aircraft, including five (5) Boeing 737-300, four (4)

Boeing 737-400, ten (10) Boeing 737-500, eight (8) Boeing 737-800 aircraft, and three (3)

Boeing 737-900ER aircraft, as well as one (I) Boeing 737-300SF Freighter, one (I) Boeing

767-300 and five (5) Embraer 190 aircraft. It is also planning to add three (3) more Boeing

767ER aircraft to its fleet in early 2014. UIA holds an Air Operator Certificate (AOC No.

UK 021) most recently issued to it by the State Aviation Administration of Ukraine

("SAAU") on October 14,2011. A copy of Ukraine International Airlines' Air Operator

Certificate may be found in Exhibit UTA-8 attached hereto. Ukraine International Airlines is

registered with the International Civil Aviation Organization ("ICAO"). Its ICAO-assigned

code is AU!. Ukraine International Airlines is also a full member ofIAT A, and holds lATA

code PS. Ukraine International Airlines has successfully completed the lATA operational

safety audit (IOSA), and holds an IOSA Operator certificate that is currently valid through

June 17, 2015.

4. Ukraine International Airlines requests a foreign air carrier permit

authorizing it to engage in (I) scheduled air transportation of passengers, property and mail

between any point or points in Ukraine, via intermediate points, and any point or points in

the United States, and beyond; and (2) charter air transportation of passengers, property and

mail between any point or points in Ukraine and any point or points in the United States, as

well as any point or points in the United States and any point or points in a third country or

countries subject to pertinent national, bilateral and international rules and regulations.

- 4 -
5. Ukraine International Airlines is fit, willing, and able to operate the

services proposed by this application, as is evidenced by its operational history and other

evidentiary materials contained in Exhibits UlA-I through UIA-18 attached hereto.

6. Ukraine International Airlines' insurance coverage satisfies the

requirements set forth in 14 C.F.R. Part 205. See Exhibit UIA-7.

7. Ukraine International Airlines will initially utilize Boeing 767-300

equipment for its proposed U.S. operations. All ofthe aircraft Ukraine International

Airlines intends to operate to the United States are registered in Ukraine. Routine

maintenance of Ukraine International Airlines' Boeing 767-300 aircraft, as well as all other

types of aircraft operated by Ukraine International Airlines, is performed by its own

maintenance organization approved by the Ukrainian SAAU under Ukraine aviation rules

(Certificate UA. 145.0027).

Line maintenance for Ukraine International Airlines' Boeing 767-300

at BoryspiI airport will be performed by a Part 145 certified and approved maintenance

organization as a sub-contractor until UIA will obtain SAAU approval as a maintenance

organization for Boeing 767-300. Base maintenance for Ukraine International Airlines'

Boeing 767-300 aircraft will be performed by certified MRO under contracts bid and

awarded to qualified service providers as needed. Ukraine International Airlines will also

enter into appropriate contracts in the United States for line maintenance of its aircraft used

for US operations as necessary in the near future.

Ukraine is a contracting state to the Convention on International Civil Aviation

("Chicago Convention"). Ukraine International Airlines' aircraft are maintained in

compliance with ICAO Annexes 1,6 (Part I), and 7. In addition, Ukraine International

Airlines' aircraft conform to respective type designs approved by the State of the

Manufacturer and have been issued civil airworthiness certificates in accordance with the

provisions ofICAO Annex 8.

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Oversight over continuous airworthiness of Ukraine International Airlines' aircraft

is performed under the applicable regulations of Ukraine as the state of the operator and of the

registry of the aircraft as set forth in Annexes I, 2, 6 and 8 to the Chicago Convention.

8. Ukraine International Airlines' proposed services that are the subject of

this application are within the scope of the current bilateral relations between the

Government of the United States and the Government of Ukraine, as further described in

Exhibit UIA-16 hereto. Furthermore, Ukraine International Airlines has been formally

designated by the State Aviation Administration of Ukraine to operate scheduled flights on

the Kyiv - New York - Kyiv route.

9. Ukraine International Airlines is qualified to operate to,the United

States. As this permit and exemption application, and appended exhibits demonstrate,

Ukraine International Airlines has assembled an experienced team of individuals to manage

and develop the unique market opportunities associated with the establishment of its U.S.

service. Ukraine International Airlines has the financial and technical resources to maintain

its domestic and international service. Ukraine International Airlines has accumulated

substantial operating experience over its years of operations. See Exhibit UIA-9.

10. A grant of Ukraine International Airlines' instant application is in the public

interest as Ukraine International Airlines will provide the much needed services in the U.S.-

Ukraine aviation market. Ukraine International Airlines represents a high quality operation that

is capable of implementing a high level passenger scheduled and charter operation to the U.S.-

Ukraine market. Ukraine International Airlines is a well-known operator in Ukraine and is

looking to expand its operations to the United States in the nearest possible term. As such, the

Department should act expeditiously in granting the authority requested herein by Ukraine

International Airlines. As was stated above, a grant of the requested authority is also consistent

with the bilateral undertakings between the United States and Ukraine.

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II. A grant of Ukraine International Airlines' application would not

constitute a "major regulatory action" under 14 C.F.R. Part 313. Specifically, Ukraine

International Airlines' annual fuel consumption will not exceed 10 million gallons. Thus, a

grant of the permit application will not constitute a "major regulatory action" within the

meaning of Section 102(2)(c) of the National Environmental Policy Act as implemented by

14 C.F.R. 9313.4. As a result, Ukraine International Airlines is not required to submit

additional infonnation about the energy consumption and energy efficiency consequences of

its service proposal.

*******

WHEREFORE, Ukraine International Airlines respectfully requests that the

Department grant this request for a foreign air carrier permit and exemption, or such other or

further relief as the Department determines to be appropriate and consistent with the public

interest.

e tfully s?lllitted,

!(UJ~

JJ E P. WICKS

Counsel for Ukraine International Airlines

EKATERINA A. GRIMES

Consultant for Ukraine International Airlines

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. ,

CERTIFICATE OF SERVICE

I hereby certify that I have on this day served a copy of the foregoing document

upon each of the following electronic mail addresses:

sascha. vanderbellen@delta.com

sametta.c. bamett@delta.com

ranji t.seth@evergreenairlines.com

charter@evergreenaviation.com

anbird@fedex.com .

sllunsford@fedex.com

msinick@ssd.com

enisson@nac.aero

kevin.montgomery@polaraircargo.com

dan.weiss@coair.com

pdoella@naca.cc

robert. wirickfalaa.com

francis.heil@aa.com

howard kass@usairways.com

rsilverberg@sgbdc.com

jjohnson@sgbdc.com

jrichardsonfalj ohnrichardson.com

mriordan@johnrichardson.com

icanny@amerijet.com

slachter@lachetr-clements.com

john@mietuslaw.com

rpommer@atlasair.com

matwood@cozen.com

agoerlich@ggh-airlaw.com

judy@lac.lynden.com

TGiIliesfalsouthemair.com

Howard.kass@usairways.com

Benjamin.slocum@usairways.com

info@airlineinfor.com

anita.mosner@hklaw.com

mlbenge@zsrlaw.com

urskrfalstate. gOY

Ekaterina A. Grimes

Dated: October 3,2013